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R v Green, 2024 ABCA 118

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April 18, 2024

3:52 pm

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[1] Tyrell Green and Dillan Sorochan appeal their convictions of June 16, 2022, by a trial judge sitting with a jury, for sexual assault of the same complainant on October 27, 2019, contrary to s 271 of the Criminal Code, RSC 1985, c C-46. By agreement, the appeals were heard together and are being determined together.

[2] The main issues at trial were consent, honest mistaken belief in communicated consent, reliability, and credibility.

[6] Both appeals are allowed, for the reasons below. These matters must be returned for retrial.

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Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115

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April 18, 2024

3:40 pm

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[1] The order under appeal allowed amendments to a statement of claim and attached proceeds from any sale of the lands in issue pending the outcome of the action. While orders of this nature are discretionary and ordinarily entitled to deference (RPC Limited Partnership v SNC-Lavalin ATP Inc, 2018 ABCA 423 at para 20; Secure 2013 Group Inc v Tiger Calcium Services Inc, 2017 ABCA 316 at para 34), this appeal turns on a legal question of priority entitlements and whether the reasoning in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (Redwater) extends to a private dispute between neighboring landowners outside formal insolvency proceedings. The central issue is subject to review for correctness: Housen v Nikolaisen, 2002 SCC 33 at paras 8 and 9.

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Plan some of your CPD with Alberta Law Libraries 

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April 18, 2024

9:04 am

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Alberta Law Libraries News

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If you’re a lawyer practicing in Alberta, you may have seen the Law Society of Alberta (LSA)’s recent E-Bulletin regarding the continuing professional development (CPD) planning tools available to assist lawyers in Alberta stay current in their practice. 

Did you know that the law librarians at Alberta Law Libraries provide individual research instruction, and that this instruction counts towards your CPD? Whether you’re new to the practice, or looking to sharpen your legal research skills, we will create an individualized plan that gets you levelled up in no time!  

Complete our Training and Tours Form or email us at lawlibrary@just.gov.ab.ca to book one hour either virtually or in-person with one of our law librarians in Edmonton or Calgary. This free one-hour instruction is available for registered members of the LSA only. 

R v Candaele, 2024 ABCA 117

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April 17, 2024

3:27 pm

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[1] Ronald Candaele appeals his conviction that on February 10, 2020 in Calgary, Alberta, he unlawfully caused the death of his wife, Melissa Blommaert, thereby committing second degree murder, contrary to s 235(1) of the Criminal Code, RSC 1985, c C-46.

[3] For the reasons below, the appeal is dismissed and we substitute a conviction of unlawful act manslaughter pursuant to ss 686(1)(b)(i) and 686(3) of the Criminal Code.

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R v Habash, 2024 ABCA 114

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April 16, 2024

4:06 pm

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[1] The appellant was charged with possession and distribution of child pornography. The only live issue at trial was whether he knew of the nature of certain files saved on his phone. In a police statement admitted at trial, he made statements showing he had the requisite knowledge, but in his testimony he denied such knowledge. The trial judge rejected his trial testimony and entered convictions.

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